The Pantas Law Firm has successfully settled hundreds of overtime pay cases against employers in certain industries where overtime pay is routinely denied to employees, as well as against employers who routinely utilize employment practices that violate overtime laws. Just because it is the common practice in an industry not to pay overtime, does not mean that the failure to pay time and one half is legal. Many industries have pervasive and illegal pay practices. The Pantas Law Firm is currently investigating certain industries and employment practices that violate overtime laws. If you have experienced similar violations, please call us for a free consultation right over the telephone.

Salaried Employees: The fact an employee is paid on a salary basis does NOT automatically make them legally "exempt" from overtime pay.  Salaried employees are entitled to overtime, unless specifically exempt due to the TYPE (their primary duties) of work they do, and other very specific criteria under the FLSA.  Out of all of the employees paid on salaried basis, only a very small percentage are considered legally exempt from overtime pay.  Paralegals, Legal Assistants, Secretaries, Clerical Staff, and most other typically "salaried" employees are generally entitled to overtime.  This area of the overtime law is one of the most misunderstood and misapplied areas in the history of the FLSA.

Employees paid "By the Day": The fact an employee is paid on a "By the Day" (day rate) basis DOES NOT MEAN THEY ARE "EXEMPT" FROM OVERTIME PAY.  Day rate employees are entitled to overtime pay with few exceptions.  Tree service employees, day laborers, construction workers, restaurant employees, and other typically "day rate" employees are generally entitled to overtime with few exceptions.

Employees paid "By the Piece" or "By the Load" or "By the Job":

Employees paid on a Commission basis: The fact a employees are paid on an a Commission basis DOES NOT MEAN THEY ARE "EXEMPT" FROM OVERTIME PAY. Some retail sales positions paid on a commission basis may be exempt, however, even these positions have exacting requirements before they can be considered exempt from overtime.  The vast majority of positions paid on a commission basis are not exempt and are entitled to overtime for all hours worked over 40 in any week.  Inside Sales, Call Center Positions, Promotional Sales, Wholesale Sales, Timeshare Sales, and other similar positions typically paid on at least a part commission basis are generally NOT exempt from overtime.

"Independent Contractors" or "Sub-Contractors": Employers often improperly classify their employees as "independent contractors" or "subcontractors" in order to avoid paying these employees minimum wage or overtime compensation. The employer's use of a Form 1099 does not automatically make an individual an independent contractor in the sense relevant to overtime and minimum wage laws. Also, the fact that there exists an "independent contractor agreement" not only does not make the employee an independent contractor, but may be used as evidence of the employers intent to circumvent the overtime laws. If you have signed an independent contractor agreement or are being paid under a 1099 and not receiving time and a half for hours over 40 when the employer controls your work or the manner in which you perform you work you may be misclassified as an independent contractor.  Employees misclassified as either "independant contractors" or "subcontractors" may be entitled to substantial amounts of overtime in many cases.  This is also an area of the overtime laws which has consistently been abused since the inception of the FLSA (overtime law) in 1938.

Compensatory Time ("Comp-Time"): Compensatory time or "comp time" occurs when an employer allows an employee to receive future days (or hours) off in lieu of overtime compensation. "Comp time" in lieu of overtime compensation is permitted ONLY when the employer is a governmental entity, and even then, only when certain conditions are met. Private employers cannot give comp time to non-exempt employees in lieu of overtime pay.  Non-exempt employees must be compensated for overtime during the week in which it is worked.

Mortgage Originators: Mortgage originators (often called "loan officers", "account executives", or other titles) are routinely paid on commission or commission plus draw, or even a salary basis. Mortgage sales staff, who work from call centers are generally not exempt under any FLSA exemption, even if paid on a purely "commission" basis. Even loan officers who are considered to be outside sales staff are frequently not exempt from the FLSA overtime pay requirement. Despite years of back pay lawsuits, this industry continues to fail to abide by its obligation to pay loan officers overtime as the law requires.

Plumbers: Plumbers and other similar positions are frequently paid either a salary, an hourly rate, and sometimes on a commission basis (or some combination thereof). There is no overtime exemption for Plumbers, Plumbers Helpers, Journeymen, or other similar positions.  These positions usually require long hours, "on-call" time at night and on the weekends, and often employers do not compensate their employees for ALL the hours they worked.  Even after years of lawsuits against this industry, employers continue to ignore the overtime laws.

"Construction Superintendents", "Construction Supervisors" and "Builders": Construction "Superintendants" and "Builders" are frequently paid on salary basis, and typically supervise only subcontractors.  There is no overtime exemption for "Construction Superintendants", "Builders" or "Supervisors" that only supervise subcontractors.  These positions sometimes may fall under the "executive exemption", however, that exemption REQUIRES that the supervisor's primary duty is supervision of at least 2 EMPLOYEES, not non-employee subcotractors.  Under these circumstances, the supervisor or superintendant must be paid overtime for all hours over forty in a work week, which may be substantial.

Electricians: Electricians, Electrician Helpers and other similar positions are frequently paid either a salary, an hourly rate, and sometimes on a commission basis (or some combination thereof). There is no overtime exemption for Electricians, Electrician's Helpers, Journeymen, or other similar positions.  These positions usually require long hours, "on-call" time at night and on the weekends, and often employers do not compensate their employees for ALL the hours they worked.  Even after years of lawsuits against this industry, employers continue to ignore the overtime laws.

A/C Installers & Servicepersons:

Home Health Aides and Companions:

Local Delivery Drivers: Drivers who deliver goods that were picked up for delivery within the state and are being delivered to customers within the state are generally not exempt from overtime unless the goods originated out of state and were intended for a particular destination customer when they left the other state.  Cement Truck Drivers, Trash Truck Drivers and assistants, Tow Truck Drivers, Pizza Delivery Drivers, Newspaper Route Drivers, Supply Delivery Drivers, and other similar positions are generally not exempt from overtime.

Drivers of Vehicles under 10,001 Lbs.: On August 10, 2005, Congress modified the law which exempt many drivers of vehicles with a GVW Rating of 10,001 lbs. or less.  Drivers of these vehicles were exempt from the federal overtime law (prior to the change in the law) if they carried goods across state lines, or if the goods originated out of state and which were intended for a particular destination, but now these drivers are not exempt and are entitled to overtime pay.  This change in the law will have a significant impact for ALL drivers of these types of vehicles including Delivery Drivers, Route Drivers, Repairpersons, and other similar positions are entitled to overtime pay.  This change in the law is one of the most significant changes in the overtime laws in the last 25 years. It has gone un-noticed in the press and by employers who may continue to treat these drivers as exempt.

Draftsmen, Detailers & Designers: Mechanical, Electrical, Structural Designers, Detailers, and Draftsmen are generally entitled to overtime pay. Employees who make fabrication drawings from information provided by engineers or other professionals, are generally not exempt from the Fair Labor Standards Act overtime requirements. While some employees doing this work are paid overtime, many are not. In some industries, such as the oil and gas industry, many employers pay employees in these positions on a salary basis and do not pay overtime, even though federal law requires overtime pay.

Cable Installers: Cable and line installers are frequently treated as independent contractors, even though they work for a single company exclusively, receive pay set by that company, and have no opportunity to increase income other than by working longer hours. Many such installers cannot be legally paid as independent contractors. The fact that the company pays such workers as an independent contractor and reports such pay on an IRS Form 1099, does not make this pay practice legal.

Computer/IT Employees: The Fair Labor Standards Act contains very specific provisions for employees who work with computers. In order to be exempt from the FLSA, computer employees must be paid at least $27.63 per hour or they may be paid a salary of $455 per week. Additionally, exempt computer employees must work in software design, systems analysis, or similar areas. Frequently, employers do not fully understand these requirements and assume that employees working with computers should not be eligible for overtime pay.

Call Center Employees: Frequently, call center employees are paid for a set timeframe, such as 8:00 a.m. to 5:00 p.m., or only when logged into their computer systems, but they may be required to be at their workstations before and/or after the shift or waiting while logged out waiting for new call lists without being compensated for this extra time. This practice violates the law.

Donning and Doffing: In jobs that require employees to wear uniforms or other gear necessary to the job, employees can spend a significant amount of time each day “donning and doffing” (i.e., putting on and taking off) their gear. The Supreme Court has recently held that in most cases, employees should be paid for this time.

Automatic Time Clock Systems: An increasing number of employers are using computerized timekeeping systems to track their employees’ work hours. Many such systems are set to automatically clock employees in and out at certain times or to automatically record a lunch of a set duration. However, many employees arrive at work early, stay late, or take short lunches. Automatic time clock systems frequently do not record this extra work time, and employees do not receive the wages they are owed.

Assistant Managers/Shift Supervisors: Many employees with job titles such as "assistant manager" or "shift supervisor" believe they are not eligible to receive overtime as they are supervising others. Recently, a number of overtime cases have been filed on behalf of assistant managers whose primary duty is not management. Assistant managers or shift supervisors who do not regularly supervise two or more employees, do not have the authority to hire or fire employees, or spend the majority of their time performing the same duties as the employees they supervise may be eligible for overtime pay.

Field Service Technicians: Many companies employ "field service" technicians or engineers to provide direct field service performing installations, testing, and providing customer service and technical support to customers in the field. Industries that employ field service people include the telecom, semiconductor, environmental, network-critical power equipment, computer, and construction industries. Because the job duties of field service technicians/engineers primarily consist of manual labor and customer service, these employees are generally eligible to earn overtime pay.

Mechanics & Service Writers (not part of a Dealership): Car mechanics and service writers are frequently paid either a salary, commission versus draw, or an hourly rate. There is no overtime exemption for auto mechanics or service writers outside of a dealership and so mechanics and service writers must be paid time and one half for all hours over forty in a work week.

Automobile Salespersons (Minimum Wage claims): Many auto dealerships impliment a "hire many but keep a few" method of hiring new salespeople.  Typically the salespeople are promissed only a commission if and when they make a sale.  Many times a new sales associate spends a few weeks working hundreds of hours for their employer and never make any sales. The employer's position is typically that they do not owe the associate anything because they are on a "commission" basis.  These positions are specifically exempt from overtime under the FLSA, BUT THEY ARE NOT EXEMPT FROM MINIMUM WAGE.  Salespersons are entitled to at least the minimum wage for all hours worked, whether they make a sale or not.  If you had this happen to you, you may be entitled to minimum wage and liquidated damages for all hours worked, whether the employer kept track of the number of hours you worked or not.  We accept these types of cases on a contingency fee and costs basis WITHOUT REGARD TO THE AMOUNT YOU ARE OWED, EVEN IF IT IS ONLY A FEW HUNDRED DOLLARS.  We believe that this type of employment practice and complete disregard of the minimum wage laws is wrong and we have made a comittment to challenge this type of unfair and illegal business practice.

Route Drivers, Delivery Drivers, and Repairpersons: On August 10, 2005, Congress modified the law which exempt many drivers of vehicles with a GVW Rating of 10,001 lbs. or less.  This change in the law now dictates that Delivery Drivers, Route Drivers, Repairpersons, and other similar positions are entitled to overtime pay.  This change in the law is one of the most significant changes in the overtime laws in the last 25 years. It has gone un-noticed in the press and by employers who may continue to treat these drivers as exempt, simply because they are carrying goods which originated out of state.

School Bus Drivers: Many school bus driver companies mistakenly treat their school bus drivers as exempt from the overtime provisions of the FLSA. These companies believe that a law called the "Motors Carrier Act" exempts or excludes them from the overtime provisions of the FLSA.  In fact, the Motor Carriers Act may exempt "bus drivers", but not "school bus drivers". In fact, employees who transport school children on a regular basis in school buses are specifically covered by the FLSA and must be paid overtime.  If you are a school bus driver who is not being compensate for overtime as mandated by FLSA, please contact us immediately to protect your rights.